This Public Sector Agreement template is designed for use in German public procurement contexts where government entities, public institutions, or state authorities are contracting with private sector suppliers or service providers. It is particularly relevant for contracts above EU procurement thresholds and incorporates all necessary elements required by German public procurement law, including the GWB and VgV regulations. The document ensures compliance with German administrative law principles, budgetary requirements, and EU procurement directives while providing flexibility to accommodate various types of public sector transactions. It includes comprehensive provisions for performance monitoring, compliance requirements, and dispute resolution mechanisms specific to the German public sector context.

1. Parties: Identification of the contracting public authority and the contractor, including their legal status and representatives

2. Background: Context of the agreement, including reference to any procurement process and legal basis for the contract

3. Definitions: Definitions of key terms used throughout the agreement, including German legal terminology where relevant

4. Subject Matter and Scope: Detailed description of the contract's purpose and scope of services/deliverables

5. Contract Period: Duration of the agreement, including start date, end date, and any extension options

6. Contractor Obligations: Detailed obligations of the contractor, including quality standards and compliance requirements

7. Public Authority Obligations: Obligations of the public authority, including cooperation and provision of necessary information

8. Payment Terms: Pricing, payment schedule, invoicing requirements, and budgetary provisions

9. Performance Monitoring: KPIs, reporting requirements, and performance review mechanisms

10. Compliance with Laws: Obligations to comply with relevant German and EU laws, including public procurement regulations

11. Confidentiality and Data Protection: Confidentiality obligations and compliance with GDPR and German data protection laws

12. Personnel Requirements: Requirements for staff qualifications, security clearances, and compliance with public sector standards

13. Liability and Insurance: Liability provisions and required insurance coverage

14. Force Majeure: Provisions for unforeseen circumstances affecting contract performance

15. Termination: Termination rights and procedures, including special provisions for public sector

16. Dispute Resolution: Procedures for resolving disputes, typically referring to German administrative courts

17. Final Provisions: Miscellaneous provisions including governing law, jurisdiction, and entire agreement clause